The Bombay High Court dismissed an income tax reference application after observing that the Revenue had not challenged an earlier order on the same issue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION.
INCOME TAX APPLICATION No. 126 of 1999. The Commissioner of I.T. Mumbai City III
..Applicant.
Vs.
Shri Chhatrapati Shahu S.S.K. Kagal, Kolhapur. ..Respondent.
Mr B. M. Chatterjee with Ms P. P. Bhosale for the Applicant.
None for the Respondent.
CORAM:DR.S. RADHAKRISHNAN AND V.C. DAGA,JJ. DATED:25TH JUNE, 2007.
P.C.:-
Applicant. None present for the respondent.
question of law is sought to be raised for the
purpose of seeking a reference.
| (1) Whether on the facts and in the |
|---|
| circumstances of the case, the Tribunal |
| was justified in holding in respect of |
| ’Sugar Sales Incentive’ is allowable |
| deduction to the assessee, relying on |
| the Supreme Court’s decision in the case |
| of "C.I.T. vs. M/s V. A. Raman and |
| Company,( 67 ITR 11 SC) "whereas the |
| facts of the case under appeal and the |
| decision relied on the case are |
| different in facts as the sugar is |
| supplied at concessional price to the |
| members of the society, who are also the |
| beneficiaries in profit made of the society?" |
Tribunal dated 27 June, 1997. The Tribunal
has observed as under:-
"The next issue relating to sugar sales
incentive is allowed in view of our
order dated 8.8.1996 in the assessee’s
own case. The assessee succeeds on this
issue".
not challenged the earlier order with regard to the same asseessee, therefore, we are not
inclined to entertain this application. The
application stands dismissed.
(V.C. DAGA,J.)
(DR.S. RADHAKRISHNAN,J.)
Commissioner of I.T. Mumbai City III
Shri Chhatrapati Shahu S.S.K. Kagal
DR. S. Radhakrishnan
V. C. Daga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
